Parulan v Director of Prisons

22 SCRA 638
ANGELES, J.

Facts:

 Ricardo Parulan file a writ of habeas corpus to the Director of the Bureau of Prisons praying to
release immediately and without delay the body of the petitioner (himself Ricardo Parulan) from
unlawful and illegal confinement
 The petitioner was confined in the state penitentiary at Muntinglupa, Rizal, serving a sentence
of life imprisonment and was commuted twenty (20) years by the President.
 He was transferred to the military barracks of Fort Bonifacio (formerly Fort Wm. McKinley)
situated at Makati, Rizal, under the custody of the Stockade Officer of the said military barracks.
 While still serving his prison term he escapes from his confinement.
 Ricardo Parulan was recaptured in the City of Manila. Prosecuted for the crime of evasion of
service of sentence, penalized under Article 157 of the Revised Penal Code.

Issue:

 Whether or not the warrantless arrest is Valid

Ruling:

 Yes it is valid. As long as he continues to evade the service of his sentence, he is deemed to
continue committing the crime, and may be arrested without warrant, at any place where he
may be found.
 Rule 113 of the Revised Rules of Court may be invoked in support of this conclusion, for, under
section 6[c] thereof, one of the instances when a person may be arrested without warrant is
where he has escaped from confinement. 7 Undoubtedly, this right of arrest without a warrant
is founded on the principle that at the time of the arrest, the escapee is in the continuous act of
committing a crime — evading the service of his sentence.